30.2022 (2) The exemption under sub. (1) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity. If the activity affects a wetland, as defined in s. 23.32 (1), the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in s. 281.36 (3r) (a) 1. to 3.

30.207 (7) (a) At least 15 days before beginning the activity that is authorized by a general permit under this section the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2(1) (d). The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

30.28 (title) Fees for permits, other approvals, and determinations and hearings.

118,20Section
20. 30.28 (1) of the statutes is renumbered 30.28 (1) (intro.) and amended to read:

30.28 (1) (intro.) The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under this subchapter. The permit or approvalrequired fee shall accompany the permit application, notice or request for approvalor other submitted documentation. The department shall set each type of fee in the amount that is necessary to meet the costs incurred by the department except as follows:

30.28 (2m) (a) The department shall refund a permit or approval fee charged under sub. (1) (a) if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.

30.28 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. (1) (c) if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).

30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7)a person applies for a permit or otherwise seeks authorization or gives notice for a project or activity after the project or activity is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

30.28 (2m) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b)(1) or (1m) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207performing the activities for which the fee is charged.

118,36Section
36. 30.28 (2r) (a) (intro.) of the statutes is amended to read:

30.28 (2r) (a) (intro.) The department, by rule, may charge a supplemental fee for a permit or, contract, authorization, other approval, or determination that is in addition to the fee charged under this section if all of the following apply:

118,37Section
37. 30.28 (2r) (a) 1. of the statutes is amended to read:

30.28 (2r) (a) 1. The applicant requests in writing that the permit or, approval authorization, or determination be issued or the contract be granted within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or, contract, authorization, approval, or determination.

30.28 (2r) (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or, contract, authorization, approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval, or determination.

281.165 (4) (a) 1m. The wetland area is a nonfederal wetland,as defined in s. 281.36 (1) (c)not subject to federal jurisdiction under 33 USC 1344, and the activity will affect less than 3 acres of that wetland area.

281.36 (12) (c) 1. The department shall refund thean application fee charged for a wetland individual permit under par. (a) if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.

281.36 (12) (c) 2. If the applicant applies for a permit after the projectsubmits an application for authorization to proceed under a wetland general or a wetland individual permit after the discharge is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

281.36 (12) (c) 3. The department, by rule, may increase the fee specified in sub. (1)par. (a) only if the increase is necessary to meet the costs of the department in performing the activities for which the fee is charged.

281.36 (12) (d) 1. (intro.) The department, by rule, may charge a supplemental fee for a determination under sub. (1) that is in addition to thea fee charged under sub. (1)this subsection if all of the following apply:

281.36 (12) (d) 1. a. The applicant requests in writing that the determinationdecision on the application be issued within a time period that is shorter than the time limit promulgated under par. (b)subd. 2. for the determinationdecision.

281.36 (1) (cp) "Practicable" means reasonably available and capable of being implemented after taking into consideration cost, site availability, available technology, logistics, and proximity to the proposed project site, in light of the overall purpose and scope of the project.

281.36 (3b) (b) No person may discharge dredged material or fill material into a nonfederal wetland unless the discharge is authorized by a water quality certificationwetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4). No person may violate any condition imposed by the department in a water quality certificationcontained in a wetland general or individual permit issued by the department under this section. The department may not issue a water quality certificationwetland general or individual permit under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.

118,69Section
69. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended to read:

281.36 (2m)Delineation procedures. For purposes of delineating the boundary of a nonfederal wetland, the department and the person who is applying for or who holds a water quality certification under this section shall useunder this section, the procedures contained in the wetlands delineation manual published by the U.S. army corps of engineers shall be used. The edition of the manual that shall be used shall be the 1987 edition of the manual and any document that the U.S. army corps of engineers issues interpreting that manual, unless the U.S. army corps of engineers publishes an edition of the manual after January 9, 2001, and the department by rule designates that edition as the one to be used under this subsection. If the U.S. army corps of engineers issues a guidance document interpreting the edition of the wetlands delineation manual that the department is required to use under this subsection and if that guidance document is issued after May 8, 2001, the department shall notify the appropriate standing committee of each house of the legislature, as determined by the speaker of the assembly and the president of the senate, of the issuance of the guidance document and whether the department intends to promulgate a rule incorporating the provisions of the guidance document.

118,70Section
70. 281.36 (3b) (title) of the statutes is created to read: